BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 19 of 2015
Date of Institution : 23.1.2015
Date of Decision : 16.2.2016
Amit Kumar Verma, Advocat,e District Courts, Sirsa, tehsil and Distt. Sirsa.
……Complainant.
Versus
- Ridhi Sidhi Mobiles, Opposite Arya Primary School, Sadar Bazaar Sirsa, tehsil and distt. Sirsa through its proprietor.
- Mahadev Mobile Care, near Nanda Medicose, Begu Road, Sirsa through its Incharge.
- U.T. Electronics Pvt. Ltd., Regd. office at SCO 363-64, Sector 35-B, Chandigarh.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL……PRESIDING MEMBER.
SH.RAJIV MEHTA…… …… MEMBER.
Present: Sh.R.S.Bhakar, Advocate for the complainant.
Opposite parties already exparte.
ORDER
In brief, complainant on 8.1.2015, purchased one mobile hand set, Make GIONEE GPAD G5 for Rs.15,000/- from opposite party no.1. It was with warranty of one year. But, during the warranty period, it came to the notice of complainant that the handset does not admit the earphone and earphone has no sound and there were other numerous problems. The complainant contacted opposite party no.1, who asked him to contact Op no.2-authorized Care Centre of Gionee mobiles. The complainant contacted Op no.2 on 15.1.2015 for removing the problem. Vide job sheet dt. 15.1.2015, it was noticed that the earphone Jeck of the mobile set has been damaged, which is a manufacturing defect. Thereafter, the complainant contacted to Op no.1 many times for replacement of the mobile set with new one, but it refused. Hence, the present complaint for a direction to the opposite parties, either to replace the mobile set or to refund its price, with upto date interest, besides damages for harassment, mental agony, humiliation etc. and litigation expenses.
2. Opposite parties no.1 and 2 were duly proceeded against exparte vide order dated 15.10.2015 and opposite party no.3 was duly proceeded against exparte vide order dt. 10.6.2015.
3. In order to make out his case, the complainant has placed on record Ex.CW1/A-his own supporting affidavit; Ex.C1- purchase receipt and Ex.C2-job sheet.
4. We have heard learned counsel for the complainant and have gone through the record carefully.
5. It is admitted fact that the complainant had purchased one mobile hand set, GIONEE GPAD G5 for Rs.15,000/- from opposite party no.1 vide cash memo No.6593 on dated 8.1.2015.. During the warranty period, the mobile set started giving different problems like the hand set does not admit the earphone and earphone has no sound. The complainant contacted opposite party no.2- authorized Care Centre on 15.1.2015 vide job sheet Ex.C2. The earphone Ject has been damaged due to manufacturing defect. The Op no.2 collected the mobile set and issued the job sheet Ex.C2 on dt. 15.1.2015 and ensured that they would remove the defects.
6. Despite several visits the mobile set had not been repaired. The Ops no. 1 and 2 failed to appear before this Forum and proceeded exparte vide order dated 15.10.2015 and OP no. 3 also proceeded exparte vide order dated 10.6.2015. As such, no version on behalf of Ops has been filed in this case. In these circumstances, it can be said that the Ops have nothing to deny the claim of the complainant. We have no reason to disbelieve the unrebutted evidence of the complainant. In our view, Ops have adopted unfair trade practice for the purpose of promoting the sale in representing that the articles of a particular standard, quality and quantity, whereas the truth is otherwise as happened with the complainant in this case. Accordingly, we held the Ops guilty under Section 2(f)2(g) and 2(r) of the Consumer Protection Act, 1986 as amended upto date for adopting unfair trade practice for sale of the defective mobile set.
7. As discussed above, it is proved that the complainant is the consumer of the Ops. The Ops are liable for harassment of the complainant with their poor service and careless behavior. We accept the complaint with cost of Rs.1000/- and direct the Ops to replace the mobile hand set with new one of the same quality within one month, otherwise to refund Rs.15000/- price of the mobile with interest @ 9% per annum from the date of filing of this complaint i.e. 23.1.2015, till payment. All the opposite parties are jointly and severally liable for compliance of this order. Copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:16.2.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
